G.R. No. 99031 - Llamas vs. Orbos

Petitioner Rodolfo D. Llamas, then Vice-Governor of Tarlac, assumed the governorship on March 1, 1991, following a suspension of Governor Mariano Un Ocampo III for 90 days.
Respondent Mariano Un Ocampo III was suspended for violating provisions of the Local Government Code and the Anti-Graft and Corrupt Practices Act based on charges filed by petitioner and others.
Respondent Oscar Orbos, Executive Secretary, issued a Resolution granting executive clemency to Governor Ocampo, effectively reducing his suspension.

In 1989, petitioner and other board members filed verified complaints against Governor Ocampo for allegedly violating Section 3-G of R.A. 3019 and various provisions of B.P. Blg. 337 pertaining to neglect of duty and abuse of authority.
The complaint stemmed from a Loan Agreement entered into by Governor Ocampo with the Lingkod Tarlac Foundation, a non-stock, non-profit organization chaired by himself, allegedly without authorization and to the detriment of Tarlac Province.
After investigations and trial, the Department of Local Government (DLG) Secretary found Governor Ocampo guilty of neglect of duty and abuse of authority and imposed a 90-day suspension effective upon finality of the decision.
Governor Ocampo’s motion for reconsideration was denied; he appealed to the Office of the President, which affirmed the suspension.
Petitioner Llamas took his oath as acting governor under the suspension order, with a term extending to May 31, 1991.

Governor Ocampo filed a petition for executive clemency pleading for the reduction of his suspension, citing positive achievements of his livelihood loan program and loan repayment records.
On May 15, 1991, the Executive Secretary, by authority of the President, issued a Resolution granting executive clemency, reducing the 90-day suspension to the period already served.
Governor Ocampo reassumed office without notice to petitioner Llamas, prompting him to seek judicial relief to stop enforcement of the clemency resolution and Ocampo’s reassumption.

Whether the President has the constitutional power to grant executive clemency in administrative cases.
Whether the grant of executive clemency and the reasons therefor constitute political questions beyond judicial review.
Whether the Executive Secretary’s act was characterized by grave abuse of discretion amounting to lack of jurisdiction.

Does the President have the constitutional authority to grant executive clemency in administrative cases?
Are the grant of executive clemency and the grounds for it political questions beyond the purview of judicial review?
Did the Executive Secretary, in granting executive clemency in this administrative suspension case, commit grave abuse of discretion amounting to lack or excess of jurisdiction?
Was petitioner’s right to due process violated by the sudden grant of executive clemency without notification?
Does acceptance of executive clemency by an administrative official render final the underlying administrative decision and preclude further appeal or reconsideration?